Amardeep v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41099 of 2025 Arising Out of PS. Case No.-325 Year-2019 Thana- NOORSARAI District- Nalanda ====================================================== Amardeep S/O Late Babulal Resident Of Village- Mubarakpur, P.s.- Shahpur, Dist.- Patna.

... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 02 litres of country made liquor was recovered from the Tempo.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is neither the owner nor the driver of the said vehicle. It is further submitted that in the year 2007, the petitioner sold the said vehicle to one Shambhu Chaudhary and as such, he has no concerned with the said vehicle. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been

Patna High Court CR. MISC. No.41099 of 2025(2) dt.02-07-2025 2/2 implicated in this case merely on suspicion. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation and the fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-II, Nalanda in connection with Noorsarai P.S. Case No. 325 of 2019, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) Neha/- U T